No legal punishment for adultery & drinking?

Question:

Assalam Alikum Wa Rahmatullah Wa Barakah,

A question was asked about repentance for adultery & drinking. Mawlana Sh. Haddad, while answering wrote: “There is no legal punishment (hadd) for these offenses in our time. However, the following four are required…”

The answer is available at: http://spa.qibla.com/issue_view.asp?HD=1&ID=823&CATE=3 and http://www.livingislam.org/fiqhi/sp1-gfh_e.html#5

I would like to have a brief clarification of this sentence used by Shaykh Haddad. Does not hadd apply for Zina & drinking? What does the use of the phrase “no legal punishment for these offenses in our time” signify? A theological response would be much appreciated.

Thanks for answering and please forgive our lack of adab. May Allah bless you eternally and may he raise the maqam of our shuyukh.

Answer:

Alaykum Salam,

Only the caliph and his appointee have the right to apply the hadd. In their absence it cannot be and is not applied

Hajj Gibril Haddad

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